Discrimination in employment on the basis of race, color, national origin, religion, sex, pregnancy, disability, marital status or age is prohibited in Nebraska. In addition to the above, the Omaha Municipal Code prohibits discrimination based on sexual orientation and gender identity. If an employee believes he/she was discriminated at his/her job, the employee must file a charge of discrimination with the Nebraska Equal Opportunity Commission (NEOC) within 300 days from the date the discrimination occurred. If the employment was located within the city limits of Omaha, the employee can file a charge either with the Nebraska Equal Opportunity Commission or a complaint with the City of Omaha Human Rights and Relations Department (OHRRD). However, if employee choses to file with the OHRRD, the complaint must be filed within 180 days of the alleged act of discrimination. An employment discrimination lawsuit cannot be filed unless an employee first files an administrative claim with either the NEOC or OHRRD.
Each incident of discrimination constitutes a separate actionable unlawful employment practice. For example, if a supervisor makes an unwanted sexual advancement or commits a discriminatory act towards an employee on January 1st, the employee must file a charge within 300 days of January 1st (180 days if filed under Omaha law) or the claim may be barred. If a second discriminatory remark was made on June 1, the charge or complaint would have to be filed within 300 days of June 1st (within 180 days if filed under Omaha law). Even if there are multiple incidents of discrimination, each separate unlawful employment practice normally carries the same 300 or 180 day limitations period. Using the above examples, if an employee filed a complaint with the NEOC on December 31st, citing both acts of discrimination, it is likely the January 1st act would not be recoverable to the employee as the charge was not filed within the 300 day time period.
Further, if an employee files a charge or complaint with the NEOC or City of OHRRD and subsequently the employee is retaliated against by his/her employer, the employee should file a separate charge or complaint within the 300 days or 180 days of being retaliated against or he/she may not have an actionable retaliation claim.
Finally, keep in mind the charge or complaint is not formally filed until the NEOC or OHRRD has a signed, notarized charge. The process of having a charge or claim officially filed can be several weeks from the time an employee contacts one of the above agencies. Accordingly, if an employee is getting close to the 300 or 180 day deadline, the employee must make it a priority to advise the investigator at the NEOC or OHRRD of the deadline to make sure the charge or complaint is filed timely. It is advisable to file a charge or claim as soon as possible to avoid missing the deadlines.
